Didn't get charged for purchase, what would you do?

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Ylen13

Banned
Sep 18, 2001
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Originally posted by: agnitrate
Originally posted by: Roger
You are not too bright Ylen are you.

A company sends you a gift in the mail--a ball point pen, a key chain, a tie. But you didn't order it. What do you do? If you are the type of person this company is looking for, you may feel guilty about accepting the item without paying for it. Don't feel guilty! It's yours, and you are under no obligation to pay anything.

First off, he ordered it, second, it is not a gift.

It was mistakenly sent to him because of a software glitch or CSR mistake
.

Agreed. Also, I think you can see that the examples given on the site do not parallel a LCD (pen, tie, etc). You ordered this and they didn't cancel it in time to stop the shipment. The law isn't going to cover your ass on this one.

-silver

Actually law still covers you for this reason. He cancelled it before it was shipped to him, csr also confirm to him that the order was cancelled and they didn't send anything to him. If after those facts he still gets it, it constitutes gift and there for he can't keep it for free.
 

Ylen13

Banned
Sep 18, 2001
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Originally posted by: Roger
Another excerpt from your link.

And in these two cases, you can consider the merchandise a gift if you wish. In all other situations, it is illegal to send merchandise to someone, unless that person has previously ordered or requested it.

right if he requsted but in this case he also cancelled it.
 

Actually law still covers you for this reason. He cancelled it before it was shipped to him, csr also confirm to him that the order was cancelled and they didn't send anything to him. If after those facts he still gets it, it constitutes gift and there for he can't keep it for free.

Do you just make this stuff up ?

Please stop conjecturing and provide us a link to back up that statement of yours.
 

Ylen13

Banned
Sep 18, 2001
2,457
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Originally posted by: Roger
Actually law still covers you for this reason. He cancelled it before it was shipped to him, csr also confirm to him that the order was cancelled and they didn't send anything to him. If after those facts he still gets it, it constitutes gift and there for he can't keep it for free.

Do you just make this stuff up ?

Please stop conjecturing and provide us a link to back up that statement of yours.


that was my personall interpetation of the law ,i don't have any facts to back it up!!!
 

DaveSimmons

Elite Member
Aug 12, 2001
40,730
670
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Originally posted by: Roger
Well one good thing came about this thread, I have added many people to my do not trade list.
Exactly -
"You didn't get DC so you can't prove that the box arrived here."
-and-
"You make more money than me, so it's OK for me not to pay."

On the bright side, I'd feel safe now trading with Millennium, Moralpanic and the other pro-honesty posters, even those with Heatware as low as mine :)
 

crypticlogin

Diamond Member
Feb 6, 2001
4,047
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He cancelled it before it was shipped to him, csr also confirm to him that the order was cancelled and they didn't send anything to him. If after those facts he still gets it, it constitutes gift and there for he can't keep it for free.
Can you seriously argue, in good faith, that this was simply a case of Dell purposefully giving Dizway a free LCD?

Actually law still covers you for this reason.
And you'd better be a law student or practictioner if you're going to tell us this with no uncertainty.
 

that was my personall interpetation of the law ,i don't have any facts to back it up!!!

EXACTLY

YOUR PERSONAL INTERPRETATION is just that and nothing else, just because you think so does not make it so.
 

Viper GTS

Lifer
Oct 13, 1999
38,107
433
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Originally posted by: Ylen13
Originally posted by: Roger
Actually law still covers you for this reason. He cancelled it before it was shipped to him, csr also confirm to him that the order was cancelled and they didn't send anything to him. If after those facts he still gets it, it constitutes gift and there for he can't keep it for free.

Do you just make this stuff up ?

Please stop conjecturing and provide us a link to back up that statement of yours.


that was my personall interpetation of the law ,i don't have any facts to back it up!!!

I think it's safe to ignore you from now on.

rolleye.gif


Viper GTS
 

Dizway

Senior member
Oct 24, 2000
533
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Gave the CSR my order number, he wants to know "what" I'm trying to return. I said LCD... he pauses... thinks... puts me on hold...
 

Ylen13

Banned
Sep 18, 2001
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Originally posted by: Dizway
Gave the CSR my order number, he wants to know "what" I'm trying to return. I said LCD... he pauses... thinks... puts me on hold...

roflol
 

StageLeft

No Lifer
Sep 29, 2000
70,150
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I'd call them once and spend 90 seconds trying to get ahold of CSR after that I'd determine that they obviously don't want it :Q
 

ROTC1983

Diamond Member
Oct 2, 2002
6,130
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Originally posted by: Spac3d
Originally posted by: Electric Amish
Keep it.

amish
Yup.

You tried to do the right thing, but apparently, they don't want it back. I am sure an LCD to them is nothing.

Enjoy the gift!:D


Yeah, you tried to give it back. They didn't want it. I hope their arent' any consequences in the future though...
 

4Lclovergirl

Senior member
Mar 25, 2003
474
0
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I don't care if you guys never trade with me over this stupid argument. It's totally different trading wiht a large corporation and an individual.
First off, I trade on ebay and many other sites, and have never had negative or even neutral feedback, cause I pay upfront.
Second, if it was a large corp, there are people to contact, that have no idea what else is going on, such as CSR. She told him he had nothing to send back even though he said he did. I would record that. Doens't that indicate they wanted to give it to him? They probably have a recording of that call somewhere.
Third, when dealing with an individual, if they cancled it, there wouldn't be a glitch, or if there way, you would talk to an individual (the seller) about the problem, and work something out that way.
Fourth, I didn't say keep it out of hand, I said if you made every attemt to give it back, and they refused to let you, or denied existance of it, then keep it. At that point you have tried. ISn't that what's morally right? Even if you found a wallet wiht $1k in it, and turned it into the police (say no ID) They keep ot for a certian amount of time, after that, they allow you to keep it. You tried to find the owner, they didn't claim it, so what can you do?
What I posted orginally, and I said it before, and I will say it again, I thought at that point he had made evrey attempt to contact them.

But persoanlly, I wouldn't want to trade with someone who is so quick to judge someone from one response, or one thread. Especially to claim the morality of a person. And to call them a socialist (bleck) is amazing.

and btw, Roger, you did say these people have nomorals, no wonder the jails are overflowing.. stating a correlation to morals and criminal intent.

 

Dizway

Senior member
Oct 24, 2000
533
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0
Originally posted by: Dizway
Gave the CSR my order number, he wants to know "what" I'm trying to return. I said LCD... he pauses... thinks... puts me on hold...

CSR asked if I was charged for it, I said no. He says he'll schedule a pick up and give me a reference number just in case I get charged later.
 

labgeek

Platinum Member
Jan 20, 2002
2,163
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Well, I have a little bit different take on this than some... I went to install a Dell server ordered for an insurance company. Showed up and the server didn't match what was ordered. The server that was ordered was near bottom of the line at the time (~$5K). What came in was well over $35K 6way xeon with huge amounts of RAM, 6 drive RAID 5 instead of 2 drive mirror, etc. When we called trying to return it, the customer service rep there repeatedly tried to convince us this was the correct box. Why? because the serial number matched what was in the computer! And get this, they were willing to send out a tape drive that was ordered that wasn't in the machine becuase that "must have been a mistake".

Here's the rub. Finally convinced them it could not possibly be the correct machine, and that some other customer who was expecting a $35K machine was going to get a little upset when there $5K machine showed up. They wanted the customer to pay the return shipping and wait for the replacement to show up! On top of that I was flown in, had expenses (meals, 2 nights at a Dallas hotel, etc. ) plus my rate at the time ($1K/day) that would have to be paid a 2nd time (no reason I should eat that trip - I did my part) to bring me back when the real server arrived. Finally installed the wrong server, and told Dell if they wanted that one back, they had to come get it, and when they did they would have to send a tech to swap the machine and transfer all data/programs, etc to the new server before they left. Otherwise they couldn't have it. Dell finally did it.

So if I were you, I'd wind up sending it back, but I'd make them jump through the hoops not me. It's there mistake, and I'd make sure they know it. They should send someone to pick it up (UPS call tag is cheap). No money or large effort should come out of you for this. I'd also see about getting something in writing/printed showing the order had been cancelled. So if they do try to charge you, you have a valid explaination for a chargeback.
 

RaynorWolfcastle

Diamond Member
Feb 8, 2001
8,968
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Originally posted by: Millennium
Am I the only motherfvcker that would send it back?

I woudl definitely send it back. WTH is wrong with you people? Dell is a big profitable company so it's OK to screw them? I hate to come off as high and mighty but the ethics shown here leave something to be desired to say the least
 

DaveSimmons

Elite Member
Aug 12, 2001
40,730
670
126
Well if this were a poll, and leaving out Dizway, it's evenly balanced 13 to 13 pro-theft vs. pro-honesty.

edit with Dizway calling again, honesty wins! sad about how slim the margin was though.
 

Ylen13

Banned
Sep 18, 2001
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Originally posted by: Dizway
Originally posted by: Dizway
Gave the CSR my order number, he wants to know "what" I'm trying to return. I said LCD... he pauses... thinks... puts me on hold...

CSR asked if I was charged for it, I said no. He says he'll schedule a pick up and give me a reference number just in case I get charged later.

So not only did you not keep it, you also didn't make any money of it. Will they even give you a gift certificate for like $20?